Bill Text: NJ A3116 | 2014-2015 | Regular Session | Introduced
Bill Title: Implements constitutional amendment providing for pretrial detention of certain criminal defendants.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2014-05-08 - Introduced, Referred to Assembly Judiciary Committee [A3116 Detail]
Download: New_Jersey-2014-A3116-Introduced.html
Sponsored by:
Assemblyman SAMUEL L. FIOCCHI
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Implements constitutional amendment providing for pretrial detention of certain criminal defendants.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pretrial detention and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The court may order the detention of a defendant before trial if, after a hearing pursuant to the section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the court is clearly convinced that no amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would ensure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process.
b. Except where a defendant charged with a crime is subject to a hearing upon the motion of the prosecutor or upon the court's own motion as set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), there shall be a rebuttable presumption that some amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would ensure the defendant's appearance as required, protect the safety of the community, and prevent the defendant from obstructing or attempting to obstruct the criminal justice process.
c. A defendant shall have the right to appeal an order of detention before trial to the Appellate Division of the Superior Court, which may make a determination as to whether an amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would assure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process. An appeal filed under this subsection shall be heard and decided no later than 30 days following the initial order of detention.
2. a. Upon motion of the prosecutor or upon the court's own motion the court shall hold a hearing to determine whether any condition or combination of conditions set forth under subsection b. of this section will ensure the defendant's appearance as required, protect the safety of any person or of the community, and prevent the defendant from obstructing or attempting to obstruct the criminal justice process if:
(1) the defendant has been convicted of a crime on two or more separate occasions, unless the crime for which the defendant is currently being prosecuted was committed more than three years after:
(a) the date of the defendant's last release from confinement for the commission of either of the two most recent crimes; or
(b) the dates of the commission of the two most recent crimes for which the defendant has prior convictions; or
(2) there a serious risk that the defendant will:
(a) flee;
(b) pose a danger to any person or the community; or
(c) obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
For purposes of this subsection, prior convictions shall be defined and proven in accordance with N.J.S.2C:44-4.
b. The hearing shall be held immediately upon the defendant's first appearance unless the defendant, or the prosecutor, seeks a continuance. Except for good cause, a continuance on motion of the defendant may not exceed five days, not including any intermediate Saturday, Sunday, or legal holiday. Except for good cause, a continuance on motion of the prosecutor may not exceed three days, not including any intermediate Saturday, Sunday, or legal holiday.
During a continuance, the defendant shall be detained, and the court, on motion of the prosecutor or sua sponte, may order that, while in custody, a defendant who appears to be a drug dependent person receive an assessment to determine whether that defendant is drug dependent.
c. At the hearing, the defendant has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. The facts the court uses to support a finding pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) that no condition or combination of conditions will reasonably ensure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process shall be supported by clear and convincing evidence. The defendant may be detained pending completion of the hearing.
d. The hearing may be reopened, before or after a determination by the court, at any time before trial, if the court finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably ensure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process.
3. This act shall take effect immediately but shall remain inoperative until the date of approval by the voters of Assembly Concurrent Resolution No. 22 of 2014-2015, or a substantially similar Concurrent Resolution amending Article I, paragraph 11 of the New Jersey Constitution to authorize the courts to deny pretrial release of certain defendants.
STATEMENT
This bill would implement a proposed constitutional amendment providing for pretrial detention of certain criminal defendants. Under the bill, the court could order the detention of a defendant before trial if, after a hearing, the court is clearly convinced that no amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would ensure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process.
The pretrial detention hearing would take place upon motion of the prosecutor or upon the court's own motion if:
(1) the defendant has been convicted of a crime on two or more separate occasions, unless the crime for which the defendant is currently being prosecuted was committed more than three years after:
(a) the date of the defendant's last release from confinement for the commission of either of the two most recent crimes; or
(b) the dates of the commission of the two most recent crimes for which the defendant has prior convictions; or
(2) there a serious risk that the defendant will:
(a) flee;
(b) pose a danger to any person or the community; or
(c) obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
The hearing would be held immediately upon the defendant's first appearance unless the defendant, or the prosecutor, seeks a continuance. The defendant would have the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The defendant would be afforded an opportunity to testify, present witnesses, cross-examine witnesses, and to present information by proffer or otherwise. The bill provides that the rules concerning admissibility of evidence in criminal trials would not apply to the presentation and consideration of information at the hearing. The facts the court uses to support a pretrial detention order would be required to be supported by clear and convincing evidence.
A defendant would have the right to appeal an order of detention before trial to the Appellate Division of the Superior Court, which would be heard and decided no later than 30 days following the initial order of detention.
The bill would remain inoperative until the date of approval by the voters of Assembly Concurrent Resolution No. 22 of 2014-2015, or a substantially similar Concurrent Resolution amending Article I, paragraph 11 of the New Jersey Constitution to authorize the courts to deny pretrial release of certain defendants.
